[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Notices]
[Pages 3984-3987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01044]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2023-0002-N-24]


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its 
implementing regulations, this notice announces that FRA is forwarding 
the Information Collection Request (ICR) abstracted below to the Office 
of Management and Budget (OMB) for review and comment. The ICR 
describes the information collection and its expected burden. On July 
21, 2023, FRA published a notice providing a 60-day period for public 
comment on the ICR.

DATES: Interested persons are invited to submit comments on or before 
February 21, 2024.

ADDRESSES: Written comments and recommendations for the proposed ICR 
should be sent within 30 days of publication of this notice to 
www.reginfo.gov/public/do/PRAMain. Find the particular ICR by selecting 
``Currently under Review--Open for Public Comments'' or by using the 
search function.

[[Page 3985]]


FOR FURTHER INFORMATION CONTACT: Ms. Arlette Mussington, Information 
Collection Clearance Officer, at email: [email protected] or 
telephone: (571) 609-1285, or Ms. Joanne Swafford, Information 
Collection Clearance Officer, at email: [email protected] or 
telephone: (757) 897-9908.

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its 
implementing regulations, 5 CFR part 1320, require Federal agencies to 
issue two notices seeking public comment on information collection 
activities before OMB may approve paperwork packages. See 44 U.S.C. 
3506, 3507; 5 CFR 1320.8 through 1320.12. On July 21, 2023, FRA 
published a 60-day notice in the Federal Register soliciting public 
comment on the ICR for which it is now seeking OMB approval. See 88 FR 
47233. FRA received 11 comments, summarized below, related to the 
proposed collection of information.
    FRA received several comments from labor organizations, individuals 
(including a railroad employee), the National Railroad Passenger 
Corporation (Amtrak), and interested coalitions that strongly support 
this proposed ICR. Noting their safety concerns with long trains, the 
Transportation Division of the International Association of Sheet 
Metal, Air, Rail and Transportation workers (SMART-TD), the 
Transportation Trades Department of the AFL-CIO (TTD), an individual 
railroad employee, and the Illinois Commerce Commission (ICC) provided 
feedback regarding the steady and significant increase of long train 
lengths and noted that railroads already retain some of the data FRA is 
proposing to collect. SMART-TD commented that ``tracking the lengths 
and tonnage of all freight trains will take this information from the 
realm of anecdotal to actionable.'' Further, TTD commented that, ``This 
information collection request comes at a time of widespread safety 
issues in the freight rail industry'' and ``We commend FRA for moving 
forward with this ICR and request that the agency consider our 
recommended additions to the proposed reporting requirements.'' Amtrak 
noted that freight traffic has a major impact on the performance of 
Amtrak's trains and that increasingly long freight trains have 
exacerbated these problems. The prevailing opinion of these supportive 
commenters is that this proposed collection of information on train 
length is essential to understanding how to improve the safe and 
efficient operation of long trains.
    In expressing support for this ICR, various commenters encouraged 
FRA to collect additional categories of information. For example, a 
group of nine urban Chicago communities, identified as the Coalition to 
Stop CPKC, recommended that the monthly data be presented in a format 
that allows interested parties to determine increasing train lengths in 
key regional areas. TTD encouraged FRA to consider collecting data 
related to train weight distribution, the number of buffer cars between 
hazardous materials shipments and crew member locations, and the 
presence of distributed power units (DPUs).
    FRA did not add these categories because requiring respondents to 
provide this additional information without further FRA review, could 
create additional requirements that are beyond the initial purpose of 
this information collection. Similarly, commenter recommendations to 
include variables, such as delays to emergency responders due to 
blocked crossings and establishing a retroactive baseline year, are not 
being considered at this time. FRA directs commenters to field IDs F22 
through F24.C of Form FRA F 6180.277, which request blocked crossing 
information. Once the ICR has been approved, FRA will review the data 
collected and consider adding additional data categories in the future.
    Two individuals commented that the proposed ICR creates an 
excessive paperwork burden on respondents and that they do not believe 
FRA will be able to process and analyze the collected data in a timely 
manner. These commenters also asserted they do not believe FRA is 
avoiding duplicative collections by reviewing train length data 
collected on Form FRA F 6180.54. FRA is cognizant of the increased 
paperwork burdens that collecting this type of data create and has 
incorporated several measures to minimize them. As an example, FRA 
notes that reviewing train length information from existing Form FRA F 
6180.54 under the Special Study Block 49a data field, rather than 
collecting the data on Form FRA F 6180.277, will avoid duplicative 
collections. When developing this proposed ICR, FRA considered the 
volume of data to be collected and the agency's capability to collect, 
analyze, and review it. Additionally, FRA's estimate of 40 minutes per 
month for the average time per response, or 8 hours annually, is based 
on data-compiling methods already in use by Class I railroads for other 
FRA reporting requirements. Furthermore, FRA agrees with the ICC's 
comment that the burden will be manageable and will decrease over time 
once a railroad has established the protocol to collect, if the 
railroad does not already do so, and present this data.
    FRA received comments that the ICR does not define what constitutes 
``emergency'', and ``communication event losses''. FRA addressed this 
comment by revising field ID F12, to include reference to 49 CFR 220.13 
to define ``emergency events''. ``Communication loss events'' are 
described in field IDs F13 through F15.C of Form FRA F 6180.277. 
Commenters also asserted that FRA should collect data on broken 
drawbars and that FRA omitted the word ``certification'' with respect 
to engineer certification revocations.
    In response to this feedback, and upon further review, FRA agrees 
with the recommendation to collect data on broken drawbars as part of 
the ``draft system.'' \1\ To accomplish this, FRA is updating the data 
field description in Form FRA F 6180.277 field IDs F16 through F16.C by 
replacing the term ``broken knuckles'' with ``train separations due to 
broken couplers and draft gear.'' Additionally, FRA changed the term 
``knuckles'' to ``couplers'' in field IDs F16 through F16.C to be 
consistent with railroad terminology used in FRA's regulations. 
Further, FRA updated the form instructions in field ID F2 to ``The 
reporting railroad alphabetic code must match the code used in the 
submission of Form FRA F 6180.54 to FRA'' to make it clear which data 
are being requested.
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    \1\ See 49 CFR 229.61.
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    FRA also acknowledges the omission of the word ``certification'' 
and is updating the language throughout Form FRA F 6180.277 from 
``engineer revocations'' to ``engineer certification revocations''. FRA 
has uploaded the updated form in the PRA docket referenced above at 
https://www.regulations.gov/docket/FRA-2023-0002/document. From that 
page, Form FRA F 6180.277 can be accessed by using the ``refine 
results'' menu to the left of the screen. Under ``Document Type'' check 
the box labeled ``Supporting & Related Material'' and the form will be 
displayed under the search results.
    The Coalition to Stop CPKC commented that FRA is silent on the 
extent to which the reported data would be publicly available. FRA is 
planning to analyze the collected data and may publicly share the data 
or FRA's analysis in reports, testimony, or other safety-related agency 
actions.
    In the proposed ICR, FRA stated that the proposal would require 
Class I

[[Page 3986]]

freight railroads to provide FRA with the information in Form FRA F 
6180.277 on a monthly basis \2\ without specifying when it would expect 
the form to be submitted. The proposed ICR also stated that ``FRA is 
not asking railroads to provide train length information for any FRA-
reportable accident or incident'' that a railroad is required to report 
to FRA on a form under the agency's existing requirements so as to 
avoid seemingly duplicative reporting.\3\ As each railroad is required 
under the existing reporting regulation to submit required forms within 
30 days after expiration of the month during which the accidents/
incidents occurred,\4\ FRA is clarifying that the same 30-day 
submission and monthly reporting period applies to this information 
collection request. Requesting this information collection in 
conjunction with the existing reporting requirements will enable each 
Class I freight railroad to coordinate its submissions and avoid 
duplicative reporting as previously described.
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    \2\ 88 FR 47233 at 47234.
    \3\ Id. and 49 CFR part 225.
    \4\ 49 CFR 225.11(b).
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    Before OMB decides whether to approve this proposed collection of 
information, it must provide 30 days' notice for public comment. 
Federal law requires OMB to approve or disapprove paperwork packages 
between 30 and 60 days after the 30-day notice is published. See 44 
U.S.C. 3507(b)-(c), 5 CFR 1320.12(d), 60 FR 44978, 44983, Aug. 29, 
1995.
    The 30-day notice both informs and gives the regulated community 
the opportunity to file relevant comments and affords the agency 
adequate time to digest public comments before it renders a decision. 
See 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit 
their respective comments to OMB within 30 days of publication to best 
ensure having their full effect.
    Comments are invited on the following ICR regarding: (1) whether 
the information collection activities are necessary for FRA to properly 
execute its functions, including whether the information will have 
practical utility; (2) the accuracy of FRA's estimates of the burden of 
the information collection activities, including the validity of the 
methodology and assumptions used to determine the estimates; (3) ways 
for FRA to enhance the quality, utility, and clarity of the information 
being collected; and (4) ways to minimize the burden of information 
collection activities on the public, including the use of automated 
collection techniques or other forms of information technology.
    The summary below describes the ICR that FRA will submit for OMB 
clearance as the PRA requires:
    Title: Class I Freight-Train Length Reporting.
    OMB Control Number: 2130-NEW.
    Abstract: On May 2, 2023, FRA issued Safety Advisory 2023-03, 
``Accident Mitigation and Train Length,'' (Safety Advisory) to ensure 
railroads and railroad employees are aware of the potential 
complexities associated with operating longer trains and to recommend 
that they take appropriate measures to address those complexities to 
ensure the safe operation of such trains.\5\ The Safety Advisory cited 
three significant incidents that occurred since 2022 involving trains 
with more than 200 cars, each approximately more than 10,000 feet in 
length and weighing more than 17,000 trailing tons, where train 
handling and train makeup are believed to have caused, or contributed 
to, the accidents and incidents. In the Safety Advisory, FRA explained 
that the operation of these longer trains presents different, complex, 
operational challenges which can be exacerbated by the weight and 
makeup of trains. Consequently, FRA recommended that railroads review 
their operating rules and existing locomotive engineer certification 
programs to address operational complexities of train length, take 
appropriate action to prevent the loss of communications between end-
of-train devices, and mitigate the impacts of long trains on blocked 
crossings.\6\
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    \5\ 88 FR 27570.
    \6\ Id.
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    In the Safety Advisory, FRA also explained that, in 2019, the U.S. 
Government Accountability Office (GAO) issued a report finding that 
freight-train length, particularly for Class I railroads, increased in 
recent years.\7\ GAO was able to procure limited data from some of the 
railroads, including data indicating average train lengths of 6,100 
feet and 7,500 feet from two Class I railroads.\8\ The data represent 
an increase in the average length of a train of about 25 percent for 
both railroads over a 10-year period.\9\ Each Class I railroad 
reportedly told GAO that they operate some number of longer trains, 
with one railroad reporting that it operates a train on a regular basis 
over 12,000 feet long and another railroad operating a train on a 
regular basis over 16,000 feet long.\10\ These same railroads responded 
that trains over 10,000 feet long were only 1 to 2 percent of their 
total train-miles.\11\
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    \7\ Id. (citing GAO's May 2019 report titled RAIL SAFETY: 
Freight Trains Are Getting Longer, and Additional Information is 
Needed to Assess Their Impact, GAO-19-443 (available at https://www.gao.gov/assets/gao-19-443.pdf).
    \8\ Id. at 11.
    \9\ Id.
    \10\ Id. at 12.
    \11\ Id.
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    In the Safety Advisory, FRA also indicated that it was in the 
process of conducting research on the operational complexities of 
longer trains, including air brake system performance and resulting 
train dynamics.\12\ The Safety Advisory also noted that, in response to 
a statutory requirement, FRA entered into an agreement with the 
National Academies of Sciences, Engineering, and Medicine (NAS) to 
examine factors associated with the operation of freight trains longer 
than 7,500 feet. FRA notes, however, that any data collected from the 
industry during these studies may be no more detailed or complete than 
the data GAO was able to obtain from the railroads for its report.\13\
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    \12\ https://railroads.dot.gov/sites/fra.dot.gov/files/2022-2/2023_RDT_CurrentProjects_complete_FINAL.pdf.
    \13\ Information about NAS's study and its meeting agendas are 
available at https://www.nationalacadameies.org/our-work/impacts-of-trains-longer-than-7500-feet. The study was required by the 
Infrastructure Investment and Jobs Act, Public Law 117-58, 22422, 35 
Stat. 751 (2021).
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    As a next step, FRA is initiating a new ICR to gather train length 
data from Class I freight railroads as the safety concerns associated 
with long trains largely focus on these railroads.\14\ Specifically, 
under the proposed information collection, Class I freight railroads 
would provide to FRA, on a monthly basis, data regarding the total 
number of trains operated, the total quantity of rolling equipment in 
those trains, and the total trailing tonnage in specified train length 
categories (e.g., less than or equal to 7,500 feet, greater than 7,500 
feet). In addition, FRA proposes to collect data from the Class I 
freight railroads that may inform potential complexities and safety 
concerns associated with operating longer trains, such as the number of 
emergency events, communication loss events, train separations due to 
broken couplers and draft gear, air hose separations, positive train 
control enforcements, and the number of locomotive engineer 
certification revocations under 49 CFR part 240 and conductor 
certification revocations under 49 CFR part 242. The requested data 
will be collected monthly using an Excel-based form (Form FRA F 
6180.277).
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    \14\ This ICR is limited to Class I railroads.
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    The data collection is necessary to create an industry-wide 
database that will allow FRA to make objective

[[Page 3987]]

findings to support guidance or recommendations to the industry, or 
regulatory action. Of note, FRA is seeking to collect data on train 
length on an ongoing basis, as opposed to this being a one-time study. 
FRA will use the collected data to establish an initial baseline for 
the length of trains operating within the U.S. rail system as well as 
to determine if train lengths are changing over time. FRA may also use 
the collected data in future analyses to better understand the impact 
of train length on safety: e.g., to determine whether trains of certain 
lengths are disproportionately involved in certain type of accidents/
incidents or other undesired events such as loss of communications or 
train stalling.
    FRA has incorporated several measures to minimize respondents' 
paperwork burden in this proposed collection. For example, to avoid 
duplicating efforts, FRA is not asking railroads to provide train 
length information for any FRA-reportable accident or incident for 
which a Form FRA F 6180.54 is filed. Instead, for any train involved in 
an accident for which a Form FRA F 6180.54 is filed, FRA will review 
train length data collected on that form and will not seek to collect 
the same data proposed in this collection.
    As provided by Congress to the Secretary of Transportation, and as 
delegated, FRA has broad statutory authority to oversee matters related 
to rail safety.\15\ As noted in the Safety Advisory, the greater 
operational complexities associated with longer trains necessitate that 
railroads take appropriate safety measures to manage their potentially 
more complex in-train forces. This proposed collection is a component 
of FRA's ongoing research to closely monitor and analyze the impact of 
train length on rail safety.
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    \15\ 49 U.S.C. 20103(a).
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    Type of Request: Approval of a new collection of information.
    Affected Public: Businesses.
    Form(s): Form FRA F 6180.277.
    Respondent Universe: Class I freight railroads.
    Frequency of Submission: Monthly/recurring.
    Total Estimated Annual Responses: 72 reports.
    Total Estimated Annual Burden: 576 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $49,496.
    FRA informs all interested parties that it may not conduct or 
sponsor, and a respondent is not required to respond to, a collection 
of information that does not display a currently valid OMB control 
number.
    Authority: 44 U.S.C. 3501-3520.

Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2024-01044 Filed 1-19-24; 8:45 am]
BILLING CODE 4910-06-P